Rajkumar Agrawal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 417 of 2018 Rajkumar Agrawal S/o Shri Rudmal Agrawal Aged About 31 Years, R/o Main Road Sitamadi, Korba, P. S. Kotwali, Tehsil And District Korba, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Home Affairs (Police), Mahanadi Bhawan, Naya Raipur, District Raipr, Chhattisgarh.

2. Director General Of Police, Raipur, District Raipur, Chhattisgarh

3. Inspector General Of Police, Bilaspur Range, District Bilaspur, Chhattisgarh.

4. Superintendent Of Police Korba, District Korba, Chhattisgarh 5.Station House Officer, Police Station Kotwali, Korba, District Korba, Chhattisgarh.

---- Respondents For petitioner - Shri Surfaraj Khan, Advocate. For State- Shri Suryakant Mishra, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 27/07/2018 Heard.

1.

Learned counsel for the petitioner submits that even after registration of the FIR on 23/05/2016 the investigation is still not being completed.

2.

Petitioner has sought for the following reliefs:- "(i) That, this Hon'ble Court may kindly be pleased to issue a writ in the nature of Mandamus against the respondent authorities, particularly respondent No.5 by commanding the police authorities to fairly investigate the matter as per the procedure and to submit the final report as per the law, within time bound as per the direction passed by this Hon'ble Court (Annexure P-3), in the court having jurisdiction to try the same.

(ii) That, this Hon'ble Court may kindly be pleased to call the entire records from the respondents authorities for its kind perusal. (iii) Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted." 3.

Perusal of the FIR shows that cognizable offence was reported. In view of the law laid down by the Supreme Court in Ram Lal Narang Vs. State (Delhi Admn.) reported in AIR 1979 SC 1791 and Lalita Kumari Vs. Government of Uttar Pradesh and others reported in (2014) 2 SCC 1 and also considering the circumstances, it is directed that the police shall complete the investigation as early as possible and may file charge sheet or khatma/closure report as the case may be within a period of six months from the date of receipt of this order. 4.

With such observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) JUDGE gouri